It’s The Constitution .. Stupid.

The US Constitution being ignored is not a compelling reason for a Con-Con.

Donald Trump did (with a pen) what we asked for our GOP legislature to do for the last 6+ years of controlling the house.

Whether he realized it or not, he might well have set the tone for examining presidential actions, and more importantly how the bureaucracy interfaces with the public going forward. Citing the constitution, the Trump administration has declared it will no longer pay for health care subsidies, period. From ABC news:

” the White House said the government cannot legally continue to pay the so-called cost-sharing subsidies because they lack a formal authorization by Congress.

However, the administration had been making the payments from month to month, even as Trump threatened to cut them off to force Democrats to negotiate over health care. The subsidies help lower co-pays and deductibles for people with modest incomes.

Halting the payments would trigger a spike in premiums for next year, unless Trump reverses course or Congress authorizes the money. The next payments are due around Oct. 20. “

Unless he “reverses course?”

He cannot reverse course. It would be as illegal as Obama making the payments in the first place. In fact, this very act was already preceded by a declaration that the very payment of those subsidies was unconstitutional, not just yesterday, but actually in APRIL of this year by US attorney general Jeff Sessions:

” Sessions said during a Fox News interview that the payments to insurers, which reimburse them for lowering the cost of copays and deductibles for low-income Obamacare customers and are the subject of a House lawsuit, should be appropriated by Congress.

Sessions’ comments come as insurers are concerned whether the Trump administration will continue to reimburse them for the cost-sharing reductions.

Insurers are required under federal law to provide the reductions for Obamacare and have been getting reimbursed by the federal government. They are expected to receive $7 billion this year.

But Sessions said a lawsuit filed by the House against the Obama administration in 2014 “has validity to it.”

The lawsuit argues that the Obama administration illegally bypassed Congress and didn’t get an appropriation for the payments.

Is Michigan a part of THAT problem? Or, will it face a unique problem of it’s own making as the overloaded medicaid expansion threatens state coffers anyhow? We’ve discussed these very unconstitutional subsidies at length before, and have accurately suggested that even the state of Michigan participation by accepting subsidies would not end well.

We have been and will continue to be correct in our assessment of failed socialist policies in our state government, and the incompatibility with our constitution. From the Detroit News Sept 1:

“Proposed rate hikes by insurers would affect nearly 295,000 individuals in Michigan. The increases range from 16.5 percent for Alliance Health and Life Insurance Company plans to 59.4 percent for plans offered by Meridian Health Plan of Michigan, Inc.

Getting mad yet? If it took you this long, some of us can find little sympathy for you. Firstly, you don’t have a right to other people’s money. Secondly, those of us who lost coverage for a period of time as members of a certain ‘doughnut hole’ income status have been mad since before our supposed GOP governor said take a vote not a vacation.” Ugh.

Those in power in Lansing jammed that sucker down our throats instead of back up Obama’s ass where it belonged.

Respect the constitution? Why bother. If we don’t like what is going on, lets not pressure our electeds to actually OBEY the law of the land, but give them the power to enact even more constitutional authority that will ALSO be ignored!

Yes indeed, the COS (Convention of states) effort is fully underway, as even a rally at the capitol is being planned for early November. Planners and supporters of the COS, claim that we need to get the federal government under control, and a constitutional amending convention will do the trick.

The “trick” however, will be on those who think that they could actually control such an event, when they cannot even currently insist on the adherence to what would address any legitimate claims already! How might a new ‘rule’ be anymore compelling than an old one already ignored?

And there are significant dangers in allowing even the smallest changes in (what now) presupposes the protections of our God given rights; given that something as simple as a comma changing a place (or disappearing) in the text of the second amendment could radically alter it’s meaning.

PT Barnum’s alleged “sucker born every minute” comment was possibly designed for (but not limited to) Michigan conservatives who don’t understand that the TRUE nature of our constitutional crisis lays not in the lack of constitutional authority in the number of matters they wish to address, but in the inability of the citizens through our elected representatives to enforce it!

But then again, how could they?

Bringing home the bacon is a power thing. It shows how important Joe Incumbent [must be] to his constituents. In Michigan however, when 43% of the state pig is a curly tail Mangalista imported from Washington DC, there is no big bad DNR wolf to come blow it’s house down. A friend writes:

“ The fact of the matter is that Michigan took 43% of its total budget from the Feds in 2015. This year it will be in the high 30s. Some states get as high as 45%. The Michigan Constitution requires a balanced budget for both state and local governments, school boards, etc. We put into the Constitution in 1978/9 the Tax Limitation Amendment limitation taxation to the rate on inflation or 5% whichever is least. They have broken that several times. Michigan State debt is about $78B. It underwrites locals so they can break our constitution. I do not call that balancing the budget.

The Fed budget is 40% out of balance. They could not make a 1% sequestration stick. Without a Federal tax or spending limit there is only one way they would balance it in today’s political environment – a 40% tax increase, killing the economy and driving us into institutional socialism. …

It is the epitome of hypocrisy to cry about Congress spending and debt when we do not balance ours as required by the Michigan Constitution. The legislature has it in their power to help the Feds balance the budget by refusing Fed money. So, to support a ConCon must be about something else. One thing Koch and Soros and Schumer and Pelosi agree on is a ConCon so they can gut the few protections still enforced in the Constitution.

Emboldened parts my own.

And what does it cost for Michigan to sell out it’s constitutional authority on all things important? What is the real price tag of nearly $20 billion in federal ‘aid’ and financial ‘association?’

For a person who couldn’t afford to buy the inflated Obamacare insurance prices, lost additional options as plans were ‘deemed’ inadequate, and then was socked with a financial penalty for being ‘just poor enough’ to not participate, the price is pretty clear.

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3 comments for “It’s The Constitution .. Stupid.”

Sue Schwartz

October 14, 2017 at 3:56 pm

The only Michigan Constitutional Amendment I'd like to see is that not one state agency be allowed to accept federal funds and in return, a certain percentage of federal payroll taxes also stays home. Any police department taking COPS, etc., grants is included. All inter-jurisdictional task forces containing a federal agent or two or five, must immediately cease or may continue missing the federal funds and agents. No school district, college or University shall accept any funds from the feds. Hillsdale College thrives doing just that. U of M is sitting on Billion$$$$, and sold "OUR" crown jewels to the Chinese. No city, township, or authorities--including airport authorities shall accept federal monies of any sort--that means "grants". If we, as a state, can't afford it, we don't need it. Further, I want back all lands in Michigan given to the feds or other countries (Canada comes to mind). I'd also like to see all federal gas tax stay in Michigan. Can you imagine how great our roads would be if this 18+ cents a gallon stays home. And lastly, any issue which smacks of UN Global Initiatives--outta here. If I hear just one more time the word "stakeholders" in place for citizens. . .that's U.N. Pay attention. Whew!!!! Thanks for listening.

Just as interesting was Trump's deregulatory moves. In fact, industry appears to rate that as more compelling than pulling the subsidies, and no wonder. Normal market response to demand for lower prices is to provide them by efficiencies, repackaging services or products, etc. With Obamacare regulations, normal market response was impossible. Forbidden.

So in a sense, the subsidies were compensation to industry for ruining their market. An attempt make up for an otherwise unfunded mandate, if you will. Lame, inflationary, and otherwise harmful, but an attempt. It looked good to hospitals and insurance in the beginning.

Industry's main question today is how long it will take to decrease the regulations. I hope it's sooner than they anticipate.
https://www.beckershospitalreview.com/hospital-management-administration/the-2-actions-trump-took-on-healthcare-thursday-9-things-to-know.html

Doing otherwise will be a little hard to explain on the campaign trail.

As to the other concern here, I'm a little more optimistic regarding an Article V (which shouldn't be misconstrued as a Con-Con).

The Lansing Rally on Nov 2nd notwithstanding, when you have 18 co-sponsors (and yes, I'll be following up with my rep on this come Monday), given the dreck that has been allowed to literally fly through unencumbered with less (along with this), I'm a little encouraged.

Add to that, when Mark Scott was on the air here in Detroit, he would often say that you don't draw fire unless you are nearing your target.